Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(CAT) 5957

CENTRAL ADMINISTRATIVE TRIBUNAL
RAJINDER S DOGRA, J, RAM MOHAN JOHRI, A
HC Jagdish Dutt – Appellant
Versus
State of Jammu and Kashmir through Commissioner-cum-Secretary to Government Home Department Government of Jammu and Kashmir Civil Secretariat, Jammu – Respondent
TA No 6627 of 2021 | TA No 6569 of 2021 | TA No 6649 of 2021 | TA No 6588 of 2021 | TA No 6608 of 2021 | TA No 6629 of 2021 | TA No 6626 of 2021

Advocates:
For the Appellants/Petitioners: Mr. Dhruv Pant, Mr. P N Bhat, Ms. Urvashi Kichloo
For the Respondents:Mr. Hunar Gupta, Deputy Advocate General

The court affirmed that police personnel displaced by militancy are entitled to housing allowances despite occupying government accommodations, emphasizing the necessity of stable living conditions and the prohibition of arbitrary deductions.

Headnote:(A) Jammu and Kashmir Civil Services (House Rent Allowance and City Compensatory Allowance) Rules 1992 - Article 41 - Claims for house rent allowance by police personnel displaced due to militancy and residing in unfinished government accommodations - Should continue to be paid allowances despite occupation of such accommodations and deductions for earlier payments must be justified with proper notice. (Paras 27 and 26)

(B) Right to Housing - Necessity for alternative accommodation to avoid dislocation of service personnel and their families; absolute rights affected when associated with longstanding residential arrangements endured amidst familial vulnerabilities. (Paras 17, 26)

(C) Public Policy and Welfare - The state’s responsibility includes providing basic service arrangements for families of its employees subjected to major transitional challenges. (Paras 27 through 26)

Facts of the case:
The applicants, serving in J&K Police, migrated from the Kashmir valley due to security threats in 1990 and occupied unfinished governmental accommodations while these were being protected for police service. Respondents sought to recover House Rent Allowance (HRA) amidst allegations of illegal occupation.

Findings of Court:
The court held that mandatory deductions cannot be imposed without appropriate justification and stable living conditions must be afforded to the officers to ensure their families' security and welfare.

Issues: Whether applicants were entitled to HRA and protection against abrupt recoveries associated with long-standing resided accommodations in the context of state policies towards welfare provisions.

Ratio Decidendi: The court emphasized the need for a sympathetic stance towards those who, due to circumstances beyond their control, have established familial settings in minimally maintained accommodations, directing officers to consider their steady accommodation status and relationship with their families before imposing penalties or deductions retroactively as highlighted in said judicial precedents.

Result: The appeal succeeded; responses from relevant communications directing recoveries were quashed, and the mandate for future policies was outlined to assure stable housing and housing allowances for personnel in crisis.

Table of Content
1. establishment of housing rights for police personnel displaced by militancy. (Para 1 , 2 , 4)
2. regulatory review of accommodations provided to police personnel. (Para 5 , 6 , 7)
3. judicial review of housing allowances and recovery policies. (Para 22 , 24)

ORDER

(Delivered by Hon’ble Mr. Rajinder S Dogra, Member-J)

1. The present TAs has been filed by the applicants before Hon’ble High Court as SWP 477/2012, SWP 506/2012, SWP 186/2013, SWP 334/2012m SWP 795/2012, SWP 442/2012 and SWP 484/2012 against Communication No:Bldgs/Move- Quarters/2126-27 dated 21st January, 2012 and Communication No:U.O. APHQ/Prov-97/2012/4147-77 dated 30th January, 2012 . Thereafter, in terms of Section 29 of the CAT Act, this petition was transferred and registered as TA No. 6627 of 2021, TA No 6659 of 2021, TA No 6649 of 2021, TA No 6588 of 2021, TA No 6608 of 2021, TA No 6629 of 2021 and TA No 6626 of 2021.Being of similar nature, all the TAs have been taken together.

2. Brief of the case in nutshell taken by learned Counsel for the applicant reiterated in all TAs that applicants are serving in J&K Police in different Wings of the Police. The applicants migrated from Kashmir valley in the year 1990 like other similarly situated members of the minority community, shifted their families to safer places at Jammu in view of the security threat to their families. The government provided accommodation to the police officials and asked them to shift their families to safer places so that applicants can perform their duties to the entire satisfaction of their superior officials as all of them were posted in militancy affected areas in Kashmir valley. In the year 1990 different residential Blocks were built at Police Housing Colonies, Gulshan Ground Gandhi Nagar, Jammu and Channi Himmat, Jammu for police personnel serving in the J&K Police. However, before the aforesaid quarters could be fully furnished, many of them were occupied by the migrants who had migrated from Valley and other far-flung areas of the State because of the militancy. Keeping the quarters vacant was considered as a security threat and as such, applicants were permitted to occupy the same to protect the property despite the fact that the same were unfurnished and not in a habitable condition. Some of the applicants are residing in these accommodations for the last about 17 years and have spent huge amount from their own pocket to make it habitable to some extent. Even the basic amenities are not provided to the said accommodation and the applicants had to incur expenditure for the same from out of their own pockets. Now respondents by way of communications impugned directed the vacation of the said accommodations from the applicants and unilaterally without giving any notice to the applicants have taken a decision to recover the HRA already received by the applicants, from their salary.

3. It is further submitted that the government issued policy and also issued orders from time to time whereby it has been made clear that such police officials who are posted in inilitant affected areas, shall be entitled to receive the HRA in addition to the accommodation at different places. It is because of this policy and the government orders; applicants were permitted to receive the HRA in addition to free accommodation in unfinished buildings.

4. It is also stated that applicants have been provided accommodation by the respondent in unfinished buildings like other similarly situated members of the other community shifted their family members to safer place at Jammu in view of the security threat to their families. Government provided accommodation to the police officials and asked them to shift their families to safer places so that applicants can perform their duties to the entire satisfaction of their superior officials. The respondent No. 1 has issued communications whereby the concerned DDO's have been directed to deduct HRA received by the applicants retrospectively to the tune o

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